Articles
Preparing for the Global Law Practice: The Need to Include International and Comparative Law in the Legal Writing Curriculum
This article discusses the increasing potential significance of foreign and international sources in effective advocacy, and the corresponding need to adjust legal education to include such sources.
Should We Amend Or Interpret The Attorney-Client Privilege To Allow For An Innocence Exception
This article discusses whether the attorney-client privilege should authorize disclosure of communications that would establish actual innocence of a third party.
Characterization and Legal Discourse
This article explores provides an instructive taxonomy for developing the advocacy technique of taking a problem and (re)framing it in terms that reflect favorably upon the speaker or the particular point of view she wishes to advocate.
Negotiating the Tangle of Law and Emotion
In this book review, Professor Laura Little advocates for greater understanding of emotion theory for full development of advocacy and adjudication expertise.
Adjudication and Emotion
This article explores the role of emotion in adjudication and therefore informs the effect use of emotion in advocacy. Emotions explored include: empathy and sympathy; loyalty and gratitude; jealousy and envy; and disgust and hate.
Ethos and the Art of Argument
This article explores the importance of the Greek concept of ethos in crafting a successful argument.
The Great Engine That Couldn’t: Science, Mistaken Identifications, and the Limits of Cross-Examination
This article analyzes whether cross-examination, a tool designed to expose lying witnesses, is a viable mechanism for uncovering mistaken witness testimony.
Ruminations on an Ethical Issue When Examining the Child Witness: Zealous Advocacy or Destroying Evidence
This article addresses what ethical constraints may apply when examining young [vulnerable] child witnesses.
Preferring the ‘Wise Man’ to Science – The Failure of Courts and Non-Litigation Mechanisms to Demand Validity in Forensic Matching Testimony
This article examines whether the courtroom has been and can be successful in policing the mis-use of forensic discipline testimony and proof.